Terms of Service

MPC Management Consultants GmbH

Last Updated: November 3, 2025

1. Scope of Application

These Terms of Service (“Terms”) govern the contractual relationship between MPC Management Consultants GmbH, located at Hermannstrasse 22, 20095 Hamburg, Germany (“we,” “us,” or “our”), and our clients (“you” or “your”) for all services we provide. These Terms apply to all our business operations, including our marketing and sales consultancy and our digital marketing agency services.

These Terms shall apply exclusively. We do not recognize any conflicting or deviating terms and conditions from you unless we have expressly agreed to them in writing.

2. Our Services

We provide a comprehensive range of services, including but not limited to:

  • Sales and marketing strategy (online and offline)
  • Search Engine Optimization (SEO)
  • Social media management
  • Paid advertising (e.g., Google Ads, social media ads)
  • Email marketing and CRM management
  • Content creation and analytics
  • Media buying
  • Marketplace account management (e.g., Amazon, eBay)
  • The specific scope of services, deliverables, and timelines for each engagement will be detailed in a separate, written proposal or statement of work (“SOW”) agreed upon by both parties.

3. Client Obligations

To enable us to perform our services effectively, you agree to:

  • Provide us with timely and accurate information and materials necessary for our work.
  • Grant us the required access and permissions to your systems, such as e-commerce platforms, advertising accounts, and analytics tools. You are responsible for ensuring that you have the right to grant us such access.
  • Appoint a primary contact person to communicate with us and provide approvals.
  • Review our work and provide feedback in a timely manner.

4. Confidentiality

Both parties agree to keep confidential all non-public information received from the other party during the term of our engagement. This includes, but is not limited to, business strategies, client lists, financial information, and proprietary data (“Confidential Information”).

We will not disclose your Confidential Information to any third party without your prior written consent, except as required to perform our services (e.g., to our affiliate partners Scale Insights and Sellerboard, who are also bound by confidentiality obligations) or as required by law.

This obligation of confidentiality shall survive the termination of our engagement.

5. Intellectual Property

  • Your Intellectual Property: You retain all ownership rights to your pre-existing intellectual property, including your brand, logos, and content.
  • Our Intellectual Property: We retain all ownership rights to our proprietary tools, methodologies, and pre-existing materials.
  • Deliverables: Upon full payment for our services, you will own the final deliverables we create for you, such as reports, ad copy, and content. We retain the right to use the deliverables for our own promotional and marketing purposes.

6. Payment Terms

Payment terms will be specified in the SOW. Unless otherwise agreed, our standard payment terms are:

  • Invoices are due within 14 days of receipt.
  • Late payments may be subject to interest at the statutory rate.
  • All fees are exclusive of VAT and other applicable taxes.

7. Term and Termination

The term of our engagement will be specified in the SOW. Either party may terminate the engagement:

  • With 30 days’ written notice to the other party.
  • Immediately for a material breach of these Terms that is not cured within 14 days of written notice.

Upon termination, you agree to pay for all services performed up to the termination date.

8. Limitation of Liability

Our liability shall be limited as follows:

  1. We shall be liable without limitation for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit) by us, our legal representatives, or our executive employees, as well as for damages resulting from injury to life, body, or health.
  2. In cases of a slightly negligent breach of a material contractual obligation (wesentliche Vertragspflicht or “Kardinalpflicht”), our liability shall be limited to the foreseeable, typically occurring damage. A material contractual obligation is an obligation the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely.
  3. Any further liability for damages is excluded. This exclusion of liability applies in particular to claims for damages for culpa in contrahendo, for other breaches of duty, or for tortious claims for compensation for property damage.
  4. This limitation of liability also applies to our vicarious agents (Erfüllungsgehilfen).

We are not responsible for the success of any marketing or sales campaigns, as this depends on various factors beyond our control.

9. Indemnification

You agree to indemnify, defend, and hold us harmless from and against any and all claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your breach of these Terms or your use of our services.

10. Governing Law and Jurisdiction

These Terms and all legal relationships between you and us shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be Hamburg, Germany.

11. Final Provisions

  • Amendments: Any amendments or additions to these Terms must be made in writing to be effective.
  • Severability: If any provision of these Terms is or becomes invalid, the validity of the remaining provisions shall not be affected.
  • Entire Agreement: These Terms, together with the applicable SOW, constitute the entire agreement between you and us and supersede all prior agreements and understandings, whether written or oral.

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